Current through August 26, 2024
The certification of any law enforcement, tribal law
enforcement, jail or secure detention officer may be revoked by the board for
failure to comply with a rule or order of the board relating to curriculum or
training.
(1) Upon receipt of
information which may permit decertification of an officer, the bureau shall
make a preliminary investigation and verify all relevant facts. The bureau
shall also advise the board at each of the board's regularly scheduled meetings
of the existence or status of any investigation in progress.
(2) The bureau shall complete its
investigation of any decertification matter within 90 days of its original
receipt of information.
(3)
Subsequent to the completion of its investigation the bureau shall, at the next
regularly scheduled meeting of the board, make a recommendation to the board
regarding the certification status of that officer. The bureau may recommend:
(a) That no action be taken;
(b) That the officer complete certain
training or take certain recommended actions within a prescribed time period,
and that officer shall be decertified if the officer does not present the board
with proof of compliance;
(c) That
the officer be decertified until certain enumerated conditions are
met;
(d) That the officer be
decertified with the opportunity to reapply for certification as a new
officer;
(e) Such other
recommendation as the bureau may deem appropriate under the
circumstances.
(4) The
board shall, within 95 days of its receipt of the recommendation of the bureau,
accept or reject said recommendation or take such other action it deems
appropriate under the circumstances.
(5)
(a) If
the board takes any action that changes the certification status of the officer
the bureau shall promptly notify the officer and the chief administrative
officer of the officer's department of the board's action. The bureau shall
provide the officer and his or her chief administrative officer a copy of the
allegations upon which the action was taken, and a copy of the bureau's
investigation and recommendation.
(b) Said notification shall be made by the
bureau mailing to the chief administrative officer of the officer's department
via certified mail, return receipt requested, a copy of the board's decision
and the other documents provided for in these rules. The chief or someone
designated by him or her shall serve a copy of said documents on the officer
involved and shall return to the director of the bureau an affidavit of said
service on a form to be provided by the bureau. If it is impossible to promptly
serve said officer the chief shall notify the director of the bureau of that
fact.
